民事抗诉若干问题研究

20 0 1年 9月 30日最高人民检察院通过了《人民检察院民事行政抗诉案件办案规则》 ,从理论法理的角度 ,对检察机关开展民事抗诉提出了明确的办案原则和执法理念。但是对民事抗诉中的案源、抗诉范围以及抗诉的审级问题的规定却还有需改进的地方。文章从民事诉讼的目的的理论分析 ,认为民事抗诉案源应主要来自当事人申诉 ,对调解应可抗诉 ,对执行中的裁定不能抗诉 ,民事抗诉应一律由上级人民法院进行审理。     

Book Reviews

Books reviewed in this article:
Charles Bergquist, Ricardo Peñaranda, and G. Gonzalo Sánchez (eds.), Violence in Colombia 1990––2000. Waging War and Negotiating Peace
H. Kline, State Building and Conflict Resolution in Colombia, 1986–1994
N. Richani, Systems of Violence. The Political Economy of War and Peace in Colombia
Maxwell A. Cameron, and Brian W. Tomlin, The Making of NAFTA: How the Deal Was Done
Ben Fallaw, Cárdenas Compromised: The Failure of Reform in Postrevolutionary Yucatán
Aníbal González, Killer Books: Writing, Violence, and Ethics in Modern Spanish American Narrative
Valerie Boyle (ed.), A South American Adventure: Letters from George Reid, 1867–1870
Caroline Salvin, A Pocket Eden. Guatemalan Journals 1873–1874/Un paraíso. Diarios guatemaltecos 1873–1874     

Means,Motives and Opportunities in Ethno-Nationalist Mobilization

Building on the most important theoretical tools from the literatures on social movements and nationalism, we propose a model of the intensity of nationalist political behavior in which a community's means, motives, and opportunities assume the central roles in the initiation and escalation of nationalist contentious politics. We then test this model using multinomial logit on original data from the seventeen autonomous communities of Spain over a twenty-year period. The results demonstrate that the means, motives, and opportunities assume vital, yet nonlinear, roles in determining a community's level of electoral, violent, and nonviolent contentious activity. The findings also show that there are crucial differences in what accounts for the moves to electoral contention, to protest, and to rebellion. Several of these factors are uniformly escalatory on the intensity of contention—especially repression, social mobilization, and regime change—while others, most importantly democracy, have a moderating effect on the generation of conflict. The results further imply processes of a diffusion of rebellious activities and of an organizational-level substitution effect between violent and nonviolent forms of political behavior. At the aggregate community level, however, escalation in contention involves a “cumulative effect” rather than a classic “substitution effect.”     

论民事抗诉对实现司法公正的价值

司法公正是社会主义法治内涵的核心价值,它直接关系到公民的人身、财产安全和社会的稳定与安宁.民事抗诉制度对于实现司法公正具有重要的价值,具体表现在:它能有效地监控法官的自由裁量权,有效地节省司法资源,克服司法地方化.正因如此,在我国目前条件下,民事抗诉制度只能不断完善与加强,决不能削弱,更不能废除.     

Protest by candlelight: A comparative analysis of candlelight vigils in South Korea

ABSTRACT

Protest activist leaders must make a series of decisions about the strategies they use; one such decision is the choice of tactic or performance, often informed by their cultural historic contentious repertoire. In South Korea's contentious repertoire, the use of candlelight vigils has become an increasingly prevalent form of protest tactic. Candlelight vigils have become an increasingly prominent tactic in South Korea’s repertoire over the last two decades, as evidenced by major candlelight vigils in 2002, 2008, and 2016-2017. In this study, we explore the ways in which candlelight vigils as a protest tactic have evolved over time in South Korea. We notably find that vigils emerged as a left-wing protest tactic in 2002, but right-wing protesters began adopting the tactic during the counter-protests opposing President Park Geun-Hye’s impeachment in 2016–2017 (Taegeukgi Giphoei). Additionally, we find that candlelight vigils drew participants from an increasingly wide swath of society over time and average citizens assumed greater organizational roles. This research not only contributes to the literature on South Korean social movements and civil society, but to understanding candlelight vigils as a distinct form of protest and how contentious repertoires evolve over time more broadly.     

Toilets and resistance in Italian factories in the 1950s

ABSTRACT

In the literature on industrial conflict, the Italy of the 1950s is often described as marked by worker acquiescence and an absence of conflict, ensured by high unemployment and the severe repression of union activism. My research challenges this. While formal, organized collective action subsided, workers continued to show their defiance and opposition to factory authorities by means of diverse acts of individual resistance that have escaped scholarly study. Drawing on anthropological theory, particularly Scott’s notion of ‘weapons of the weak’ – the strategies used by subordinate classes when facing heavy repression or lack of resources – this article undertakes an innovative analysis of the use of insults, irreverent behaviour, rumours and mockery of foremen and bosses to undermine the authority and legitimacy of factory hierarchies. It casts new light on the protest cultures and practices of Italian workers in the 1950s and improves our understanding of post-1945 industrial conflict.     

Mayor short and the I.W.W. Agricultural workers

The following article analyzes the under-researched theme of Indian migration during indenture in British Guiana and Trinidad. It is understood that Indians were brought to the Caribbean under a series of restrictive colonial policies that stymied free movement. However, it is argued that some Indians resisted these very colonial regulations and exercised their individual right to migrate and subsequently dictate their own lives. Some independently took illegal action to acquire freedom while others waited until their contracts expired to migrate. While the number of those who migrated was consistently smaller than those who remained on the plantations, migration was a permanent feature of the plantation system that lasted as long as indenture itself. Indian migration during indenture can be conceptualized into three overlapping historical phases: (1) desertion from the plantations; (2) migration from the plantations to settlements (rural) to urban areas; and (3) intra-regional migration from one Caribbean island to the other.     

Citizens,bribery and the propensity to protest

It is widely assumed that the more one experiences corruption the more likely one is to want to protest about it. Yet empirical evidence illustrating this is thin on the ground. This paper fills that gap by focusing on the extent to which self-reported experience of bribery affects the willingness to engage in protests against corruption in Africa. We find that the more one experiences bribery the more one is likely to support anti-corruption protests. A further unexpected finding is that the personal experience of corruption also increases the willingness to rely on bribes to solve public administration problems.     

Legitimacy and protest under authoritarianism: explaining student mobilization in Egypt and Morocco during the Arab uprisings

Political protests constitute a major concern to authoritarian regimes. Existing research has argued that they indicate a lack of regime legitimacy. However, empirical evidence on the relationship between legitimacy and protest participation remains rare. Based on new survey data from Morocco and Egypt, this study investigates whether legitimacy played a significant role in student mobilization during the 2011 uprisings. In doing so, we first develop a context-sensitive concept of legitimacy. This allows us to differentiate the ruler’s legitimacy claims and the citizens’ legitimacy beliefs. Furthermore, we distinguish between two different objects of legitimacy: the broader political community and specific regime institutions. Our empirical analysis suggests that legitimacy had an independent and significant impact on students’ protest participation, yet in more nuanced ways than generally assumed. While protest participation was driven by nationalist sentiments in Egypt, it was motivated by dissatisfaction with the political performance of specific regime institutions in Morocco.     

Making post-Soviet counterpublics: the aesthetics of Limonka and the National-Bolshevik Party

This article focuses on the shaping of the aesthetics and ideology of Eduard Limonov’s National-Bolshevik Party (NBP) through the pages of the radical newspaper Limonka. In order to study the making of the NBP as a political and intellectual community, the piece discusses Limonka’s editorial line, its graphic style, and the alternative cultural canon that this radical publication promoted, as well as several interviews with National-Bolshevik activists involved in this process. During its first years of existence, Limonka proposed a selection of controversial artistic, literary, and political role models, and the creation of an alternative fashion and lifestyle. The article argues that by provocatively combining totalitarian symbols, the aesthetics and posture of the historical avant-gardes, and Western counterculture, Limonka produced a collective narrative that contributed to the shaping of a new language of political protest in post-Soviet Russia. This resulted in a complex combination of stiob, a form of parody that involves an over-identification with its own object, and a neo-romantic impulse. This new discursive mode, which the article defines as “post-Soviet militant stiob,” should be seen as part of a series of tactics of radical resistance to what the National-Bolsheviks saw as the dominant neoliberal discourse of the mid-1990s.